Coronavirus or COVID–19 is a worldwide pandemic which is
caused due to Severe Acute Respiratory Syndrome coronavirus 2 (SARS–CoV–2). The
first case of COVID–19 was detected and reported in China on 30 January 2020.
By mid-March, around 150 countries were infected with COVID–19. [1]
Quarantine is a practice that has been in use for ages and
this practice comes in power in order to protect people from the effect of
nosogenic disorder.
Quarantine is derived from an Italian word “Quaranta Giorni” which means 40 days.[2] In
simple terms, quarantine means to separate and confine the effected person or
those who have tested positive of the nosogenic disorder by isolating then in
order to save others form that disorder.
WHO or World Health Organisation has declared novel
Coronavirus or COVID – 19 as a pandemic disease. In March it was stated as a
notified disorder in our country and on 24th March 2020, the Home
Ministry of India declared a 21 days lockdown overall nation to break the chain
of COVID – 19.[3]
After 21 days the said lockdown was extended till 3rd May as
lockdown 2.0.
In India, the State Governments are keeping an eye over the
Quarantine and lockdown that has been implemented. The Central government is
also looking into the matter and is also providing certain emergency
accessories like medications, test kits, PPE, masks, hand sanitizers etc.
THE CONSTITUTION OF INDIA
Our country is a ‘quasi-federal’
country because here both the central and the state government have their own
sphere of action. Quarantine is regarding the public health of our country and
it is a subject of concern for both the central and the state Government sphere
of legislating.
Fundamental Right for Health
Art. 21 - No person shall be deprived of life and personal
liberty except according to the procedure established by law. [4]
According to Art. 47 of COI, under
part IV, DPSP
It is a duty of state they should be raising the nutrition
level and living standard of people for the improvement of public health as
among its primary duty.[5]
Right to Health with Preamble of
Constitution of India
Our Preamble always try to provide a welfare state through
socialistic pattern under Art. 21 of Constitution of India. It provides
guarantee of Right to Life and Personal Liberty. This concept improves the
health care of the people. [6]
In matter of quarantine in the COVID–19 a pandemic
situation, if any citizen or foreigner want to disobey it and they try to gain
support from the Constitution of India for their fundamental freedom is not
possible because quarantine is for National Public Health or Public interest
issue and the Proviso of Art. 21 states that the citizen or the foreigner is
bound to Government in such issue.
THE DISASTER MANAGEMENT ACT, 2005
On 14th March the Home Ministry of India declared
that COVID–19 would be treated as the National Disaster[7]. So, the
central government invoked this Act under sec. 10 (2)(1) to allow the National
Executive Committee to counsel the government regarding COVID–19. The Union
Home secretary is the chairman of this committee.
The Act also expresses certain duties or responsibilities
which are to be fulfilled for the benefit of the citizens who are suffering due
to the worldwide lockdown.
As per section 12 of
Disaster Management Act, 2005 it is the duty of National authority to issue
guidelines for relief to the people who are affected by the disaster or any act
taken by the Government for the betterment of the society. The guidelines shall
include food, shelter, water to drink and medical care along with other
necessary reliefs.
Section 24 of the Disaster Management Act, 2005 very clearly
states that it is the duty of the state executive committee to assist and
protect the community that is affected. On the same lines of section 12 of
Disaster Management Act, 2005 the state executive also has a duty to provide
food, shelter, drinking water and medical care.
[2] Comes from 14th
century called BLACK DEATH.
[3]the Under sec. 6(2)(i) of Disaster Management
Act,2005Ministry of Home affairs 24th March)a
[6] Bakshi P.M. “The
Constitution of India”, Universal law Publishing Co. Pvt. Ltd., New Delhi, 2003
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